Please take a moment to read through the following Terms and Conditions as they affect your use of the Website and your rights.
Your use of the Website is subject to these Terms and Conditions, together with any additional or specific terms we may draw to your attention prior to your purchasing any products from the Website
General Terms and Conditions
The following definitions apply
- "Customer" shall mean the person (including corporate entities or any other legal person) that we are contracting with for the sale of goods or services and in the case of ongoing services, the person receiving those services.
- "General Terms and Conditions" means these terms and conditions
- "Specific Terms and Conditions" means the Specific terms and conditions tailored to cover any product or service that you may purchase through the Website, and which take priority over these General Terms and Conditions to the extent of any conflict between them.
- "Web site" "Website" or "Site" means the website you are browsing when you clicked on a link to these General Terms and Conditions, including all subsidiary pages.
- "we" or "us" or "our" or "ourselves" refers to Formations Direct Limited t/a Company Searches 247.
2. Information Contained on the Website
- Whilst we take all reasonable care to ensure that the information contained on the Website is accurate and up to date, we make no representations, warranties or undertakings about any of the information content or materials provided on the Website (including, without limitation, any as to quality, accuracy, completeness or reliability).
- All material on the Website is provided for information purposes only and does not constitute legal, accounting or other professional advice, and it must therefore not be relied upon as such. You should arrange your own advice from a qualified party before acting in reliance on any of the information, or purchasing any of the products or services, available on or from the Website.
3. Updates and Changes
- The Website is being updated and improved on an ongoing basis. We reserve the right to change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that we shall not be liable to you for any such change or removal; and
- Changes to these General Terms and Conditions or to the Specific Terms and Conditions may be made at any time and your use of the Website, or the purchase of products or services, are subject to any such changes. You agree to check to see if any changes have been made to the General or the relevant Specific terms each time you visit the Website or purchase products or services from it.
4. Exclusion of liability to you from the use of the Website
- The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- All reports are delivered digitally and are available immediately to view on screen, with options to either be saved, emailed or printed. The Company Tracker service is provided digitally, with all notifications sent via email to the email address used to create the account.
- No warranty is given that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
- We are not responsible for the content of other Websites that link to the Website, nor are we responsible for the content of any Website to which links are provided from the Website. Links to other sites are provided purely for your convenience and do not imply that we approve of those sites.
- Nothing in these General Terms and Conditions shall be construed so as to exclude or limit the liability of ourselves for death or personal injury as a result of our negligence or that of its employees or agents.
5. Copyright and trade marks (Intellectual Property)
- The copyright in all materials on the Website, including their design, layout, text, graphics, photographs and the source code and software belong to their respective owners. Trade marks (whether registered or not) company names and the like are the property of their respective owners.
- You are licensed to view and temporarily store Website pages and their content in your browser's temporary cache, and also to print out for reference a single copy for non-commercial purposes and off-line review. You may not sell or re-sell anything available from the Website, save to the extent expressly permitted pursuant to any product or service purchased by you from the Website where such permission is either expressly given or is a necessary attribute of the product or service concerned.
6. Force Majeure – supply of goods or services ordered through the Website
- In connection with the supply of any goods or services ordered by you through the Website, we shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and we shall be entitled to a reasonable extension of our obligations to you (to the extent we owe any such obligations) should a force Majeure event occur.
- If a Force Majeure event to which this clause applies shall occur, we agree to notify you as soon as practicable. If the Force Majeure event continues for more than 14 days, either party shall have the right to cancel the agreement and where services have been paid for in advance but have not been rendered, you will be entitled to a refund from the date of cancellation for all such services.
7. User name and password
- The website requires you to register and create an account in order to purchase products or services. If you register, it is your responsibility to maintain the confidentiality of your password. On no account should you disclose your password to anyone else. You agree to indemnify and hold us harmless for any loss or damage we may incur resulting from breach of this clause.
8. Data Protection
- We take our obligations of confidentiality and the protection of personal data very seriously. We will not, therefore, sell or make personal data available to any third party without your prior consent.
- For the purposes of applicable data protection legislation, we will process any personal data you have provided to us in accordance with our Privacy Notice available on our website or on request from us. If you have any queries about the manner in which personal data will be processed by us or your rights in relation to such processing you should contact us via our contact form or on our telephone number, both of which are accessible on this website.
- You agree that, if you have provided to us personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer of such personal data to us and (2) that you have brought to the attention of any such third party the Privacy Notice available on our website or otherwise provided a copy of it to the third party. You agree to indemnify us in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
- We shall, in relation to any Personal Data processed in the course of providing services to you:
- process Personal Data only on your instructions (unless we have a legal obligation to process the Personal Data which, where permissible, we will have notified to you before performing the processing required);
- have in place reasonable and proportionate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data;
- ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
- not appoint a third-party processor without your prior consent, save for the following third-party data processors for which your acceptance of these terms and conditions shall constitute consent:
- Creditsafe Business Solutions Limited (supplier of company credit reports)
- Sage Pay Europe Limited (for processing credit and debit card payments for our goods and services)
- not transfer any Personal Data outside of the European Economic Area without your prior written consent;
- assist you, at your cost, in responding to any request from a Data Subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications and impact assessments;
- notify you without undue delay on becoming aware of a Personal Data breach;
- on your written direction, delete or return Personal Data and copies thereof to you unless subject to a legal obligation to store the Personal Data; and
- submit to audits requested by you.
10. Terminating the use of the Website
- We may withdraw or suspend your right to access or use the Website at any time, without prior notice and without providing any reason.
- No waiver by us (whether express or implied) in enforcing any of our rights shall prejudice our right to enforce such rights in the future
- If any provision of these General terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected
- In the event of there being any conflict between these General Terms and Conditions and the Specific Terms and Conditions that apply specifically to the purchase of certain goods or services through the Website, the Specific terms and Conditions shall prevail.
- No person who is not a direct a party to any agreement covered by these General Terms and conditions shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
- Where you are a consumer, you have the right to cancel and contract for the provision of goods or services, by notice in writing, at any time before seven working days have passed from the day after the contract was made. If, however, we have started to perform our side of the contract before you exercise your right to cancel, then the right to cancel is lost.
- This clause applies where these General Terms and Conditions or the Specific Terms and Conditions provide expressly or by implication for the service of notices.
- Any notice required to be given under our Agreement with you or in connection with the matters contemplated by it shall, except where otherwise specifically provided, be in writing in the English language.
- Any such notice shall be addressed to the usual business address of the other party and may be:
- Personally delivered, in which case it shall be deemed to have been given upon delivery at the relevant address if it is delivered not later than 17.00 hours on a Business Day, or, if it is delivered later than 17.00 hours on a Business Day or at any time on a day which is not a Business Day, at 08.00 hours on the next Business Day; or
- If within the United Kingdom, sent by first class pre-paid post, in which case it shall be deemed to have been given two Business Days after the date of posting; or
- If from or to any place outside the United Kingdom, sent by pre-paid airmail, or by air courier in which case it shall be deemed to have been given seven Business Days after the date of posting in the case of airmail or two Business Days after delivery to the courier, in the case of air courier;
- Sent by facsimile, in which case it shall be deemed to have been given when despatched, subject to confirmation of uninterrupted transmission by a transmission report provided that any notice despatched by facsimile after 17.00 hours on any Business Day or at any time on a day which is not a Business Day shall be deemed to have been given at 08.00 on the next Business Day; or
- Sent by electronic mail, in which case, it shall be deemed to be given when received but subject to the same provisions regarding receipt after 17.00 hours as apply to notices sent by Facsimile.
14. Governing law and Jurisdiction
- Your use of the Website and the purchase of any products or services from it are governed in accordance with the laws of England and Wales.
- The English courts shall have exclusive jurisdiction over any dispute or difference whatsoever arising out of or in connection with your use of the Website or the purchase of any products or services from it.
Specific Terms and Conditions
These Specific Terms and Conditions are applicable to transactions made through the website you are browsing when you clicked on a link to these General Terms and Conditions Definitions
1. Information about us
- Your use of the Website and the purchase of any products or services from it are governed in accordance with the laws of England and Wales.
2. Limitation of liability
- By placing an order for company searches through us, you are granting us the right to file your personal data with Creditsafe Business Solutions Limited.
- We do not accept any liability for any errors or omissions in the company search reports provided by Creditsafe Business Solutions Limited.
- When using Company Search Reports, we recommend that you consult with an appropriately qualified professional (solicitor, accountant or other advisor) for advice and analysis in relation to the contents of any of our reports as to the appropriateness of any decisions you may take or refrain from taking based in whole or in part upon the data contained within the reports ordered.
- Our liability in respect of all claims arising out of or in connection with your use of this website shall not exceed an amount equal to the sums payable by you to us.
- All orders that you place through this Website are deemed to be an offer by you to purchase the products or services that we supply subject to these Terms and are subject to acceptance of the order by ourselves. We may choose to reject any order without providing a reason beforehand.
- You are presented with a range of choices during the ordering process. It is your responsibility to ensure that you read and fully understand these choices before you proceed with any purchase. In the event that you have any queries regarding any aspect of your order or our products and/or services we strongly recommend that you contact us during our usual UK office hours prior to proceeding with a purchase. Please note that although we endeavour to provide a prompt response to your enquiry, we cannot guarantee to do so in every instance. It therefore remains your responsibility to elicit further information from us regarding the product you intend to order before the order is placed.
- We reserve the right at our sole discretion to deny users access to our website or any part of our website without notice and to decline to provide the service to any user that is in breach of these Terms and Conditions.
4. Company Search Reports
- We provide company credit reports and company monitoring services using Creditsafe Business Solutions Limited databases which acquire and retain information, including publicly available information required to be filed in connection with registered companies and other registered legal entities. Creditsafe Business Solutions Limited data, third party data and services is relied upon in order to provide to you the information you have requested. All information is supplied on the basis that it is as is and without warranties of any kind whatsoever, whether express or implied as to accuracy or completeness.
- All reports are delivered digitally and are available immediately from within the My Account section of the website. The Company Tracker service is provided digitally, with all notifications sent via email to the email address used to create the account.
- Personal data entered into our website will be passed on to Creditsafe Business Solutions Limited to assist in producing company search reports.
- Data provided within all reports are provided by Creditsafe Business Solutions Limited.
- We acknowledge that CCJ information displayed within the reports we supply is provided by Creditsafe Business Solutions Limited under a sublicense agreement with Registry Trust Limited.
5. Price of goods and Services
- The price for any Goods or Services that you purchase from us is as set out under the option you select on our Website and unless otherwise stated, all prices exclude VAT at the prevailing rate.
- The total purchase price, including VAT (if any) will be displayed in your shopping cart prior to your confirming the order.
- We reserve the right to update the prices on the Website and to update, amend, or withdraw the products and services that we offer without prior notice. Every effort is made to ensure that the prices are correct, but in the event of serious error, any transaction shall be voided by us, entitling you to a full refund.
- We shall not be liable to anyone for withdrawing or amending any of the products we sell, or for refusing or failing to process an order.
6. Incorporation of General Terms and Conditions
- These Specific Terms and Conditions must be read together with the General Terms and Conditions above. The General Terms and conditions apply to any agreement between us and to your use of the Website generally, including for the avoidance of doubt, Clause 14, the jurisdiction and governing law clause.
7. Refund Policy
- For Company Search Reports, if a report is ordered and not received by the Customer, and you inform us of this eventuality, so long as the failure of delivery is as a consequence of a technical issue within our systems and this issue cannot be resolved, the Customer will be offered a full refund of the purchase price. If the report ordered is part of package of credits purchased, a pro rata credit of the price paid will be calculated and offered.